[Adopted 1-28-1992]
A.
OUTDOOR SALES
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The sale, display or storage of merchandise, products, equipment
or similar material or objects outside the confines of a building.
The term "outdoor sales" includes, without limitation, grand opening
sales, tent sales, sidewalk sales, truckload sales, special event
sales, sales promotions, going-out-of-business sales, fire sales,
damaged goods sales or any other sales held outdoors.
B.
It shall be unlawful for any person or entity to conduct
an outdoor sale without first having obtained a zoning permit from
the Zoning Officer of Hampton Township for said sale.
C.
The Zoning Officer may issue a permit for the outdoor
sale, provided that the following requirements are satisfied:
D.
Application requirements.
(1)
Any person desiring to hold an outdoor sale, as defined
in this article, shall file with the Township Clerk, 30 days prior
to the opening day of said sale, a written application containing
the following information:
(a)
The name and address of the owner of the property
where the sale is to be held.
(b)
The name and permanent address of the applicant for
the permit.
(c)
A description of the place where the sale is to be
held, including the street address and the tax lot and block on the
Hampton Township Tax Map.
(d)
The name of the business operating the sale, including
the corporate name, trade name and business name of the business.
(e)
The nature of the occupancy of the property, whether
by ownership, lease or sublease.
(f)
The dates on which the sale is to be conducted.
(g)
A description of the merchandise, products, equipment
or material or objects to be sold outdoors.
(h)
A letter from the company, firm or organization for
which the applicant purports to work, authorizing the applicant to
act as its representative and make application for the permit.
(i)
A letter from the individual or entity owning the
real property consenting to the outdoor sale.
(j)
A full and complete statement of facts regarding the
sale, including a description of the sale and the reason therefor,
and the manner in which the sale will be conducted.
(2)
The Township Clerk shall deliver the application to
the Township Zoning Officer.
E.
The applicant shall pay a fee in the sum of $50 to
the Township of Hampton at the time of the filing of the application.
F.
The applicant shall file a performance bond, letter
of credit or cash deposit in the sum of $500 in favor of the Township
of Hampton to secure the proper cleanup of the site after the sale
is completed. This performance bond, letter of credit or cash deposit
will be returned to the applicant upon the satisfactory cleanup of
the property upon the completion of the sale.
G.
The application fee and the requirements for a performance
bond, letter of credit or cash deposit may be waived by the Hampton
Township Committee in the case of a charitable, nonprofit or service
organization.
H.
Processing of application. Following the filing of
an application for a permit for an outdoor sale and upon the satisfaction
of all requirements herein, the Township Zoning Officer shall issue
the zoning permit for the outdoor sale for which the application is
made.
I.
Regulations governing the operation of outdoor sales.
The following regulations shall be complied with in the operation
of the outdoor sale:
(1)
The outdoor sale shall be conducted for a time period
of no more than seven days.
(2)
The zoning permit for the outdoor sale shall specify
the dates for which the license is issued. The duration of the sale
shall be limited to those dates.
(3)
The applicant shall display the zoning permit for
the outdoor sale prominently on the property where the sale is being
located.
(4)
There shall be a limit of one outdoor sale per season
(e.g., only one sale shall be permitted in the spring).
(5)
There shall be a limit of four outdoor sales per year
on the real property in question.
(6)
The hours of operation of the outdoor sale shall be
limited to the periods between 9:00 a.m. and 9:00 p.m.
(7)
The premises shall be completely cleaned of debris
upon the completion of the sale, including the adjacent street or
highway.
(8)
Any zoning permit issued hereunder shall not be assignable
or transferable.
J.
Violations and penalties. Any person, firm or corporation
violating any of the provisions of this article shall, upon conviction
therefor, be subject to a fine not to exceed $500 or imprisonment
in the county jail for a term not to exceed 90 days, or both. Each
day of the sale in violation of any or all of the provisions of this
article shall constitute a separate offense.
K.
Revocation of permit. In addition thereto, the Zoning
Officer may revoke any permit granted hereunder after reasonable opportunity
for the permittee to be heard, for any violation of the provisions
of this article or any other chapter of the Code of the Township of
Hampton which may affect the operation of the permittee's business.
